71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 579
 
LC 2651/SB 579-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 579
 
By COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON, AND WATER
 
                            April 26
 
  On page 1 of the printed bill, line 2, delete 'and' and after
'537.747' insert '; and declaring an emergency'.
  Delete lines 4 through 31 and delete pages 2 and 3 and insert:
  '  { +  SECTION 1. + }  { + Sections 2 to 4 of this 2001 Act
are added to and made a part of ORS 537.747 to 537.765. + }
  '  { +  SECTION 2. + }  { + (1) There is established a Well
Constructors Continuing Education Committee consisting of four
members appointed by the Water Resources Director as follows:
  ' (a) Three persons from the well drilling industry licensed
pursuant to ORS 537.747; and
  ' (b) One person from the regulatory community.
  ' (2) The term of office of each member is three years, but a
member serves at the pleasure of the director. Before the
expiration of the term of a member, the director shall appoint a
successor whose term begins on July 1 next following. A member is
eligible for reappointment. If there is a vacancy for any cause,
the director shall make an appointment to become effective
immediately for the unexpired term.
  ' (3) A member of the committee is entitled to travel expenses
as provided in ORS 292.495.
  ' (4) Members of the committee must be residents of this state
who are knowledgeable about the principles of well construction.
  ' (5) The committee shall select one of its members as
chairperson and another as vice chairperson, for such terms and
with the duties and powers necessary for the performance of the
functions of such offices as the committee determines.
  ' (6) Three members of the committee constitute a quorum for
the transaction of business. At least three members of the
committee must approve all official actions or decisions of the
committee. + }
  '  { +  SECTION 3. + }  { + Notwithstanding the term of office
specified by section 2 of this 2001 Act, of the members first
appointed to the Well Constructors Continuing Education
Committee:
  ' (1) One shall serve for a term ending June 30, 2002.
  ' (2) One shall serve for a term ending June 30, 2003.
  ' (3) Two shall serve for terms ending June 30, 2004. + }
  '  { +  SECTION 4. + }  { + (1) The Well Constructors
Continuing Education Committee shall recommend to the Water
Resources Commission a process for reviewing and approving
continuing education requirements for licensed water well
constructors established by rule pursuant to subsection (2) of
this section.
  ' (2) The commission shall adopt rules necessary for the
administration of a continuing education program for licensed
water well constructors consistent with the recommendations of
the committee.
  ' (3) The rules adopted by the commission under this section
for the continuing education program shall:
 
  ' (a) Authorize the committee to review and approve continuing
education courses and to assign continuing education credits.
  ' (b) At a minimum require, for renewal of a license issued
under ORS 537.747, that an applicant:
  ' (A) Through clinics, schools, professional organizations or
seminars, lectures or other courses of study that relate to the
practice of well construction and that are approved by the
committee, obtain continuing education credits during each
licensing period in an amount designated by the commission, but
not to exceed 14 credits; and
  ' (B) Furnish proof on a form approved by the committee that
the applicant has complied with the continuing education
requirements during the preceding licensing period unless the
applicant is exempt under subsection (4) of this section.
  ' (4) The commission may waive the continuing education
requirements established by rule pursuant to subsection (2) of
this section for a licensed water well constructor if the
constructor submits satisfactory evidence of inability to attend
continuing education courses because of health, military duty or
other circumstances beyond the control of the constructor. + }
  '  { +  SECTION 5. + } ORS 537.747 is amended to read:
  ' 537.747. (1) No person shall advertise services to construct,
alter, abandon or convert wells, offer to  { + enter + } or enter
into a contract with another person or public agency to
construct, alter, abandon or convert a well for such other
person, cause any well construction, alteration, abandonment or
conversion to be performed under such a contract or operate well
drilling machinery without possessing a water well constructor's
license therefor in good standing issued by the Water Resources
Department. { +  The department shall adopt a single water well
constructor's license that may specify the type of well, type of
well alteration or construction or type of well drilling machine
operation for which the water well constructor is qualified. + }
  ' (2) Notwithstanding subsection (1) of this section, a person
may operate a well drilling machine without a water well
constructor's license if supervised by one who possesses such a
license.
  ' (3) A person shall be qualified to receive a water well
constructor's license if the person:
  ' (a) Is at least 18 years of age.
  ' (b) Has passed a written examination conducted by the
department to determine fitness to operate as a water well
constructor.
  ' (c) Has paid a license fee and an examination fee according
to the fee schedule set forth under subsection (6) of this
section.
  ' (d) Has one year or more experience in the operation of well
drilling machinery.
  ' (4) Upon fulfillment of all the requirements set out in
subsection (3) of this section, the department shall issue the
applicant a water well constructor's license in a form prescribed
by the department. The license may be issued for a period of
  { - either one year or five - }   { + two + } years.
  ' (5) A water well constructor's license shall expire on June
30. A  { + person may renew a + } license   { - may be
renewed - }  by submitting an application and the appropriate
fees any time before the license expires but not later than one
year after the license expires.  { + At the time of application,
the person shall provide the department with evidence of
compliance with the continuing education requirements established
pursuant to section 4 of this 2001 Act. + } A person who renews a
license within the 12 months after the license expires may either
pay a penalty fee set forth under subsection (6)(d) of this
section or requalify for a water well constructor's license in
accordance with subsection (3) of this section. If a person fails
to renew a license within 12 months after expiration the person
must comply with the requirements of subsection (3) of this
section for a new water well constructor's license.
  ' (6) The department shall collect in advance the following
fees:
  ' (a) An examination fee of $20.
  ' (b) A license fee of   { - $50 for a license issued for one
year, or $200 for a license issued for a period of five years - }
 { +  $150 + }.
  ' (c) A renewal fee of   { - $50 for a one-year license renewed
before the license expires or $200 for a five-year license
renewed before the license expires - }  { +  $150 + }.
  ' (d) Unless a person requalifies for a water well
constructor's license in accordance with subsection (3) of this
section, a water well constructor shall pay a renewal fee of
 { - $100 for a one-year license - }   { + $250 + } if the
license is renewed within 12 months after expiration   { - or
$250 for a five-year license if the license is renewed within 12
months after expiration - } .
  ' (e) If a person requalifies for a water well constructor's
license under subsection (3) of this section, the person shall
pay the renewal fee established under paragraph (c) of this
subsection.
  ' (7) The department may revoke, suspend or refuse to renew any
water well constructor's license when it appears to the
satisfaction of the department, after notice and opportunity to
be heard by the licensee, that the licensee has failed to comply
with the provisions of ORS 537.505 to 537.795 and 537.992
applicable to such licensee or any order or rule adopted
thereunder applicable to such licensee, or has made a material
misstatement of fact on an application for a license or well log
or established a pattern of conduct that willfully or negligently
violates any provision of ORS 537.505 to 537.795 and 537.992, or
any rule adopted pursuant thereto, applicable to such licensee.
  ' (8) The provisions of subsection (3) of this section
requiring one year or more experience in the operation of well
drilling machinery do not apply to any person who, on July 1,
1981, holds the license required by this section and who
continues thereafter to maintain the license in good standing.
  ' (9) The fees collected under subsection (6) of this section
shall be paid into the Water Resources Department Operating
Account to the credit of the Water Resources Department. Such
moneys are continuously appropriated to the Water Resources
Department to pay the department's expenses in administering and
enforcing the water well constructor's licensing program.
  '  { +  SECTION 6. + }  { + The Water Resources Department
shall adopt the license specified in the amendments to ORS
537.747 (1) by section 5 of this 2001 Act no later than July 1,
2006. + }
  '  { +  SECTION 7. + }  { + Sections 2 to 4 of this 2001 Act
are repealed January 2, 2008. + }
  '  { +  SECTION 8. + } ORS 537.747, as amended by section 5 of
this 2001 Act, is amended to read:
  ' 537.747. (1) No person shall advertise services to construct,
alter, abandon or convert wells, offer to enter or enter into a
contract with another person or public agency to construct,
alter, abandon or convert a well for such other person, cause any
well construction, alteration, abandonment or conversion to be
performed under such a contract or operate well drilling
machinery without possessing a water well constructor's license
therefor in good standing issued by the Water Resources
Department.   { - The department shall adopt a single water well
constructor's license that may specify the type of well, type of
well alteration or construction or type of well drilling machine
operation for which the water well constructor is qualified. - }
  ' (2) Notwithstanding subsection (1) of this section, a person
may operate a well drilling machine without a water well
constructor's license if supervised by one who possesses such a
license.
  ' (3) A person shall be qualified to receive a water well
constructor's license if the person:
  ' (a) Is at least 18 years of age.
  ' (b) Has passed a written examination conducted by the
department to determine fitness to operate as a water well
constructor.
  ' (c) Has paid a license fee and an examination fee according
to the fee schedule set forth under subsection (6) of this
section.
  ' (d) Has one year or more experience in the operation of well
drilling machinery.
  ' (4) Upon fulfillment of all the requirements set out in
subsection (3) of this section, the department shall issue the
applicant a water well constructor's license in a form prescribed
by the department. The license may be issued for a period of
 { - two - }  { + either one year or five + } years.
  ' (5) A water well constructor's license shall expire on June
30. A person may renew a license by submitting an application and
the appropriate fees any time before the license expires but not
later than one year after the license expires.   { - At the time
of application, the person shall provide the department with
evidence of compliance with the continuing education requirements
established pursuant to section 4 of this 2001 Act. - }  A person
who renews a license within the 12 months after the license
expires may either pay a penalty fee set forth under subsection
(6)(d) of this section or requalify for a water well
constructor's license in accordance with subsection (3) of this
section. If a person fails to renew a license within 12 months
after expiration the person must comply with the requirements of
subsection (3) of this section for a new water well constructor's
license.
  ' (6) The department shall collect in advance the following
fees:
  ' (a) An examination fee of $20.
  ' (b) A license fee of   { - $150 - }   { + $50 for a license
issued for one year, or $200 for a license issued for a period of
five years + }.
  ' (c) A renewal fee of   { - $150 - }   { + $50 for a one-year
license renewed before the license expires or $200 for a
five-year license renewed before the license expires + }.
  ' (d) Unless a person requalifies for a water well
constructor's license in accordance with subsection (3) of this
section, a water well constructor shall pay a renewal fee of
  { - $250 - }   { + $100 for a one-year license + } if the
license is renewed within 12 months after expiration  { + or $250
for a five-year license if the license is renewed within 12
months after expiration + }.
  ' (e) If a person requalifies for a water well constructor's
license under subsection (3) of this section, the person shall
pay the renewal fee established under paragraph (c) of this
subsection.
  ' (7) The department may revoke, suspend or refuse to renew any
water well constructor's license when it appears to the
satisfaction of the department, after notice and opportunity to
be heard by the licensee, that the licensee has failed to comply
with the provisions of ORS 537.505 to 537.795 and 537.992
applicable to such licensee or any order or rule adopted
thereunder applicable to such licensee, or has made a material
misstatement of fact on an application for a license or well log
or established a pattern of conduct that willfully or negligently
violates any provision of ORS 537.505 to 537.795 and 537.992, or
any rule adopted pursuant thereto, applicable to such licensee.
  ' (8) The provisions of subsection (3) of this section
requiring one year or more experience in the operation of well
drilling machinery do not apply to any person who, on July 1,
1981, holds the license required by this section and who
continues thereafter to maintain the license in good standing.
  ' (9) The fees collected under subsection (6) of this section
shall be paid into the Water Resources Department Operating
Account to the credit of the Water Resources Department. Such
moneys are continuously appropriated to the Water Resources
Department to pay the department's expenses in administering and
enforcing the water well constructor's licensing program.
  '  { +  SECTION 9. + }  { + The amendments to ORS 537.747 by
section 8 of this 2001 Act become operative January 2, 2008. + }
  '  { +  SECTION 10. + }  { + The continuing education
requirements for renewal of a water well constructor's license
established pursuant to section 4 of this 2001 Act apply to the
renewal of all licenses that expire on or after June 30,
2005. + }
  '  { +  SECTION 11. + }  { + This 2001 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2001 Act
takes effect on its passage. + } ' .
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